NSW Corona Virus - a question for discussion
- Thread starter Adam1user
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Only the police can 'charge' a person for a criminal offense...
While a person can be charged for KNOWINGLY passing on a some diseases (AIDS for eg) I can't see that happening in the case of Covid-19, or any of the corona viruses...
How would you even go about proving a case of deliberate transfer in a civil case?
While a person can be charged for KNOWINGLY passing on a some diseases (AIDS for eg) I can't see that happening in the case of Covid-19, or any of the corona viruses...
How would you even go about proving a case of deliberate transfer in a civil case?
thanks for your comment, I am aware that the police are the only force that charge, but I just wrote it quick.
You can prove by Video recordings or witnesses etc...
As this is a new thing happening, I wanted to know if the law has the ability to address this issue, if the principle applies, based on it, I am thinking, the world can request from China to compensate for the world loses,,, it is very confusing and messy,
I just want some feedback from the lawyers on this site and who is competent in the law
No more so than Jordan could be sued for MERS, the USA sued for AIDS, or any other country who has been unfortunate enough for a new virus or disease to begin that has had massive affects on heath & economies..
All the info available so far is that this is just another variant (novel) SARS corona virus.... that could happen anyway in the world & has in the past
I don't know the precise reasoning that would be used in argument, but I think your first hurdle is picking a respondent/defendant. Without the ability to pinpoint exactly when, where, and who caused the transmission of the virus, who is the action against? Assuming you pick a person, how do you isolate them as the cause rather than anything else you've come into contact with - especially given Covid-19 is sheddable when asymptomatic. Add to that the aspect that if the person is symptomatic and to such an extent that you are demonstrably aware, there's the issues of consent and/or contributory negligence where it could be argued that you were willingly in that person's presence and can be inferred to be aware of the potential risks.
In terms of suing another country, that's a whole other issue - and beyond my pay grade. Countries are sovereign and not subject to the jurisdictions of the courts of another country unless they agree to be (such as via treaty). I doubt you'll catch any country agreeing to be bound be the decisions of a court of a different country finding the first country liable for a disease.
In terms of suing another country, that's a whole other issue - and beyond my pay grade. Countries are sovereign and not subject to the jurisdictions of the courts of another country unless they agree to be (such as via treaty). I doubt you'll catch any country agreeing to be bound be the decisions of a court of a different country finding the first country liable for a disease.
Only if you could identify the relevant individual defendant, and exclude all other possibilities.
No, it isn't. It's just the latest. Think back to MRS, SARS, Bird Flu, Ebola, HIV/AIDS, and even Spanish Flu of 1918.
What is the point of a "request"? They will just say "no".
As to any more formal form of proceeding, I agree with @Rob Legat - SBPL - there's no basis, and indeed, no mechanism,
to sue a state for the private acts or omissions of one of its citizens.
Not so much.
Lots of government entities can prosecute.
The ATO, state WHS regulators (variously named), Roads and Transport regulators, Councils.
In NSW, the National Parks and Wildlfie Service in one of several entities that can prosecute wildlife smugglers.
In NSW, even the RSPCA (an NGO) can prosecute.
Thanks all for the comments about this issue. This is a point of theory as I was thinking about.
Regarding the authorities that can charge, I wrote my comment concentrating on the point I raised, I am aware of the authorities that are able to charge and not by a private person, but as stated I was trying to ask about the point I raised, Thanks again,
Regarding the authorities that can charge, I wrote my comment concentrating on the point I raised, I am aware of the authorities that are able to charge and not by a private person, but as stated I was trying to ask about the point I raised, Thanks again,
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